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HTMLSeventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII
Colleen G. DeRosa, Anne E. Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 25, 2016
Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir. July 28, 2016). The opinion could have ended there, and perhaps it would...

 

HTMLAccessibility for Ontarians With Disabilities Act, 2005, Part III: What Are My Obligations as a Private-Sector Employer Under the Law’s Integrated Accessibility Standards?
Michael Comartin; Ogletree Deakins International, LLP;
Legal Alert/Article
September 9, 2016, previously published on August 23, 2016
This is the third and final installment in a three-part series of articles focused on employers’ duties under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005 (AODA). Part one addressed the scope and applicability of the law to various businesses. addressed what a...

 

HTMLNew Arizona Laws Seek to Clarify Independent Contractor Status
Adam P. Boyd, Thomas M. Stanek; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 23, 2016
Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes of state law, employers may confirm the independent contractor...

 

HTMLPoachers Beware: Wisconsin Court Rules That Restrictions on Employee Solicitation Are Subject to Law Governing Noncompetes
Brian M. Radloff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 30, 2016
In a case of first impression, the Wisconsin Court of Appeals held that anti-poaching provisions in post-employment restrictive covenants are subject to the statutory regulations that govern noncompete agreements in Wisconsin.

 

HTMLPennsylvania and DOL Collaborate in Employee Misclassification Enforcement Efforts
Jennifer G. Betts; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 30, 2016
The Pennsylvania Department of Labor and Industry recently signed a three-year memorandum of understanding (MOU) with the U.S. Department of Labor’s (DOL) Wage and Hour Division designed to prevent employees from being misclassified as independent contractors and other wage-and-hour...

 

HTMLThe Keys to Harassment Prevention: An Interview With EEOC Commissioner Chai Feldblum
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2016, previously published on August 16, 2016
Chai Feldblum is a Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC). She co-chaired the EEOC Select Task Force on the Study of Harassment in the Workplace, and produced a report in June of 2016, together with Commissioner Victoria Lipnic, that drew on the work of the task...

 

HTMLConsistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims
Rayna Habel Jones; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2016, previously published on August 18, 2016
Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged discrimination based on race and/or ancestry, a violation of her rights...

 

HTMLFifth Circuit Broadens Exceptions to At-Will Employment
Robin Banck Taylor; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2016, previously published on August 17, 2016
On August 8, 2016, the Fifth Circuit Court of Appeals recognized a new public policy exception to the at-will employment doctrine, allowing a former employee to sue his employer for terminating his employment for legally storing a gun in his car on company property in a publicly-accessible parking...

 

HTMLDiversity on Corporate Boards
Carole Sobin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2016, previously published on August 15, 2016
The issue of diversity has expanded from the workplace to the corporate boardroom, with initiatives spearheaded by investors and other stakeholders to address the lack of diversity on corporate boards. These initiatives are likely to lead to pressure on companies to enhance their disclosures about...

 

HTMLFederal Bank Regulators Issue FAQs in Alignment With Dodd-Frank Reform Act Section 342(b)(2)(C)
Michelle P. Wimes; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
August 24, 2016, previously published on August 11, 2016
On August 2, 2016, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency made available a five-page Frequently Asked Questions (FAQs) document to accompany an interagency policy statement issued by these agencies...

 


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